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DANSP24200 | Decision types: Whether failure to pay Class 2 National Insurance contributions was due to ignorance or error

From HM Revenue & Customs · Decisions and appeals for National Insurance Contributions and Statutory Payments

Regulations 65(2) and 155A(2)(j) of the Social Security (Contributions) Regulations 2001 (SSCR 2001) (SI 2001 No. 1004)

Regulation 155A(2)(j) provides for HMRC officers to decide whether in the case of a Class 2 contribution remaining unpaid by the due date:

  • the reason for the non-payment is the contributor’s ignorance or error, and,

  • if so, whether that ignorance or error was due to his failure to exercise due care and diligence.

NIM23007 explains that higher rates do not apply and Class 2 National Insurance contributions (NICs) are payable at their original rate if the two tests set out in the regulation are both satisfied. If a person pays Class 2 NICs after the due date, and after certain time limits, the NICs either don’t count for benefits immediately or don’t count at all. See NIM23001 for more information about time limits.

For guidance about the wording of such a decision see DANSP39500.